Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1887-04-22
THE FIRST RAID !!
CONTESTING LIQUOR LICENSES
IN THE HUSIINGS COURT.

CONTESTING LIQUOR LICENSES
IN THE HUS1INGS COURT.
FOUR FORTS sTORMED BUT NONE CAP
TURED-A CLOUD OF WITNESSES SUM-
MoNED-FoUR CONTESTED LICENSES
GRANTED.
&C., &C., &C.
The Dry division of the Prohibition
army which went into camp after the
battle Of April 5th, made its first recon-
noissance in force On Wednesday last In
Judge Smiths court. 1t had determined
to contest the Issuing Of licenses to four
saloons-''The Annex" kept by John B.
Gunter; 1.-THE Boss Bar, kept by Thomas
Burke; "The Big Bar" kept by Thos.
Hounihan. and the bar corner of New
street kept by Crawford & Lalley. All
the other dealers in liquor who desired
renewal Of their licenses obtained them
without contest. A great deal Of interest
was shown in the contest, and number
of prominent Drys as well as prominent
Vets were in the court house. which,
before the examination of the opening case
was over. was crowded.
THE FIRST CONTEST
was made on the Annex, quiet out-of-
the-way place on New street, and was
made solely Oh the suitability OF the place,
the excellence of the proprietor, Mr..
Gunter, and his fitness to conduct sa-
loon being admitted by the Common
wealth. The place has been used as
saloon for the past nine years, but by the
present proprietor only one year.
Before starting on the examination, Mr..
W. E. Craig. counsel for the applicant,
said he wanted to know who was to be
responsible for the costs incurred in this
contest if itresulted fayorably to his client.
| He said the Commonwealth was not max
| ing the contest, but private individuals,
and he wanted to know who they were
! and their responsibility for the costs.
Mr.. A. g. Braxton, Attorney for the
Commonwealth, said that it was the Com
monweaIths contest and not that of pri-
vate individuals.
The Court understand the matter
perfectly. 1t is a contest by the Com
monwealth, and the only share private in
dividuals have IN it is to furnish evidence
to the Commonwealth. The interests here
involved are public, not private interests.
Mr.. Craig.-I think I can satisfy the
Commonwealth IS Attorney
The Court.-The Common wealth's At
torney does not have the deciding Of it.
Mr.. Craig insisted that it was case
where the parties originating the contest
should be responsible for the costs.
Mr.. Braxton said it was precisely SINH
lar to a road case or misdemeanor. with
the single exception that if the parties
complaining see fit, they can employ their
own counsel and conduct it themselves
| instead Of leaving it to the commonwealth.
He was here as a representative of the
Commonwealth and not Of any set of men.
Mr.. Craig proposed that the gentlemen
| who had set on foot the contest, if present,
should come forward and give their names
and assume the responsibility of the costs.
The Court.-Who are you addressing
the audience or the court :
Mr.. Craig.-I don't know who I am
| addressing, I am trying to find outfit
they will only come forward and say who
they are.
The examination Of witnesses was then
commenced, and Capt. James Bum gard
ner, Jr.. Capt. j. c.. Marquis, Mayor s.
| S. Smeltzer, G. E. Kemper, Jno. McQuaide,
ex-Mayor A. G. Gordon, ex-Mayor YosG,
and Capt. W. II. Fowle, testified that in
! their opinion the location was suitable
one as the law requires. Maj. Jed. Hotch-
kiss, J. E. Graham and Simeon E. Miller,
testified that in their opinionion it was
not. The main difference between the
opinions expressed was that one side
thought quiet place, not obtruded on
the public view. was suitable place, and
the other side thought that a place
being off the street and in retired yard
kept it from proper surveillance by the
police.
The Court said it was not certain that
| the fact that it was out of the convenient
surveillance Of the police and public by its
retired situation, was not an argument
against granting license there. 1t would
not express an opinion now, but called
| the
| SECOND CASE
which was the application Of Tom Burke.
| The stand for which this license was
asked has been a saloon as far back as the
year 1927. Some years ago it was rented
out by the present applicant, who is
also the owner, to other parties, but in the
| last few weeks he has resumed the occu-
pancy Of it.
1t was held by the Commonwealth that
| the location is on public thoroughfare,
opposite one of the hotels Of the city, on
the way to one of the depots, near a large
livery stable, and is a point where large
crowds always gather on court days and
other public occasions, that the locality is
habituated by many disreputable men and
women; that many disturbances Of the
peace occur there which are promoted by
the presence of saloon there, that more
arrests are made by the police in that i'm
mediate locality than in the neighbor-
hood of any three other saloons in the city
combined, and that it is impossible for
any man to keep house promotive of
| good order there.
The counsel for the applicant held that
the applicant was a fit man to keep the
place and formerly had kept it for many
| years; that he would have his family there
| which would insure well kept and or
DERBY house; that the police records would
show that Notwithstanding the crowds
gathered, there were only twelve arrests